Regina v El Hassan [2003] NSWCCA 139

Reported Decision : 141 A Crim R 346

New South Wales Court of Criminal Appeal

CITATION : Regina v El Hassan [2003] NSWCCA 139 HEARING DATE(S) : 5 February 2003 JUDGMENT DATE : 21 May 2003

JUDGMENT OF : Santow JA at 1; Simpson J at 2; Smart AJ at 3 DECISION : (1) Appeal against conviction dismissed (2) Crown appeal against sentence allowed; sentence quashed (3) In lieu of the sentence imposed Radwin El Hassan is sentenced to imprisonment for a period of 9 years 7 months commencing on 2 August 2002 with a non-parole period of 5 years 7 months expiring on 1 March 2008.

CATCHWORDS : Attempting to possess cocaine - degree of involvement of offender - his role was critical in the intended distribution in the Austalian community - sentence imposed manifestly inadequate. LEGISLATION CITED : Crimes Act 1914 (Cth) CASES CITED : Radwin El Hassan (2001) 126 A Crim R 477 PARTIES : Regina v Radwin El Hassan FILE NUMBER(S) : CCA 60434/02 COUNSEL : (A) A Bellanto QC (C) G A Farmer SOLICITORS : (A) Watsons (C) Commonwealth DPP

LOWER COURT District Court JURISDICTION : LOWER COURT 01/11/0293 FILE NUMBER(S) : LOWER COURT Murrell DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60434/02 60013/02 SANTOW JA SIMPSON J SMART AJ

Wednesday, 21 May 2003 REGINA (COMMONWEALTH) v RADWIN EL HASSAN JUDGMENT

1 SANTOW JA: I agree with Smart AJ.

2 SIMPSON J: I agree with Smart AJ.

3 SMART AJ:

Conviction Radwin El Hassan has appealed against his conviction of, without reasonable excuse, attempting to possess a prohibited import, namely, narcotic goods consisting of a quantity of cocaine being not less than the commercial quantity applicable to cocaine. A formal submission was made that the conviction was erroneous and should be set aside. Otherwise the appeal was not argued. The formal submission was made to preserve the offender's rights in the event of him seeking special leave to appeal to the High Court of Australia.